Allahabad High Court
CRLP/24020/2026 of MOHIT AND 2 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 8 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24020 of 2026 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard learned counsel for the petitioners and learned AGA for the State-respondent nos. 1 & 2. 2. The present writ petition has been filed
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24020 of 2026
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
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1. Heard learned counsel for the petitioners and learned AGA for the State-respondent nos. 1 & 2.
2. The present writ petition has been filed challenging the F.I.R. dated 16.09.2026 registered as Case Crime No. 678 of 2026, under Sections 223, 318(4), 336(3), 338, 340(2), 115(2), 352, 351(3) B.N.S., Police Station- Bisrakh Madhy Commissionerate Gautam Budh Nagar, District Gautam Budh Nagar.
3. It has been argued by the counsel for the petitioners that the recitals in the First Information Report itself shows that the First Information Report has been registered only to recover the alleged money paid to the petitioners which fact is also disputed. It was further argued that the first informant has civil remedy and criminal proceedings are not maintainable.
4. Learned AGA has opposed the present petition.
5. In view of the order proposed to be passed, it would serve no useful purpose by issuing notice to respondent no. 3 and calling for a counter affidavit.
6. Accordingly, without entering into the merits of the case and after considering the arguments of the counsel for the petitioners, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance of the First Information Report dated 16.09.2026 registered as Case Crime No. 678 of 2026, under Sections 223, 318(4), Versus Counsel for Petitioner(s) : Sanjay Kumar Tiwari Counsel for Respondent(s) : G.A. Mohit And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
336(3), 338, 340(2), 115(2), 352, 351(3) B.N.S., Police Station- Bisrakh Madhy Commissionerate Gautam Budh Nagar, District Gautam Budh Nagar, till submission of the police report/charge-sheet under Section 193 of Bhartiya Nyaya Sanhita, 2023. October 9, 2026 Rama Kant CRLP No. 24020 of 2026 2 (Padam Narain Mishra,J.) (Salil Kumar Rai,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad